After the Texas Legislature spent much of 2023 in session, a bevy of new laws go into effect on New Year’s Day, though some have been delayed by lawsuits challenging their constitutionality.
The Austin American-Statesman reported on SB 17, a new law that institutes a ban on programs and policies “designed or implemented in reference to race, color, or ethnicity” at Texas public universities or colleges — commonly known as diversity, equity and inclusion, or DEI.
GOP lawmakers who pushed the ban through argued that DEI programs are divisive. Those opposing the ban said it would eliminate initiatives designed to help people of color feel more included on campus. Universities have already begun the process of renaming and eliminating the types of programs that will be outlawed under SB 17.
Another law taking effect in 2024 doubles the state franchise tax exemption, with up to $2.47 million of a company’s annual taxable revenue being exempt.
Another measure that passed with bipartisan support creates a diversion program for juveniles accused of low-level offenses. Local governments now will be able to turn to rehabilitation services, job training, and alcohol and drug awareness programs as alternatives to more punitive measures.
HB 4758 makes it a crime for companies to target minors with advertising for e-cigarettes, the use of which by teens has increased markedly in the past decade.
Not all laws passed by lawmakers will take effect on January 1 because of lawsuits filed after their passage. As The Dallas Morning News noted, a bill that prohibits sexually explicit performances in front of minors — and was targeted toward drag shows in particular — was declared unconstitutional by a federal judge.
U.S. District Judge David Hittner ruled the ban violated performers’ free speech rights under the First Amendment. That decision is being appealed.
Another law that would regulate what books children can read in schools is still in effect. An initial ruling that it was unconstitutional was appealed to the 5th Circuit, which has yet to issue a ruling.
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Gary Borders is a veteran award-winning Texas journalist. He published a number of community newspapers in Texas during a 30-year span, including in Longview, Fort Stockton, Nacogdoches, Lufkin and Cedar Park. Email: gborders@texaspress.com.